Undoubtedly Nearly will give his excellent analysis on todays Court Of Appeal Judgement Manchester City Council v Moran and Richards v Ipswich Borough Council (oh and actually as I write this it has popped up on his site (presuming he's a he, it could all be a super clever disguise!) but I wanted to pop something up to. Very sadly I was reading the judgement on the train to the gym, then thinking it about it at the gym, then reading it again on the bus home. Oh dear, that appears to be an exception to my usual slob like nature.
One hopes that the Secretary Of State makes an order stating that residents of refuges should not be considered to have accommodation that is reasonable to continue to occupy. Being a cynic one thinks that the 'need for individual factual enquiry' as mentioned in [48] will see a blanket policy of making not homeless decisions by LA's (think sec 21's!) and as a result clogging up the already suffering Refuges' arteries. As a result there will be further pressure on already overstretched CLS providers to remind LA's of the considerations that should be taken into account in [49] and [50].
It would be a bit of a farce if refuges have to issue NTQ's only to have the residents remain in the refuge at first in discharge of 188 and then 193. I wouldn't blame them though if they did I think some LA's have relied on the good nature of Refuges for to long (I realise that might be a sweeping generalisation and am happy to be proved wrong).
It is a shame that the lack of social housing has meant that refuges have been forced to provide accommodation for its residents for longer periods of time. It is a shame that as a result the 19000 children (who have undoubtedly have already undergone much stress and upheaval) will have become settled at the refuge only to have to move again when a Part VI offer is made and may well have to move school etc.
I will be photocopying 49 and sticking it to my desk at work though as I think it may well be a rather handy tool when arguing that a client may be homeless.
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I am a he, as my podcasts with Charon QC show all too clearly.
Thanks for the kind words, but this is, as you say, a judgment with worrying consequences. I'm not holding my breath for an order from the Secretary of State, either.
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